Irrigator found guilty and fined for illegally building dams near wetlands
A Kempsey region commercial farming company and one of its directors have together been fined close to $300,000 for constructing and using dams without approval and undertaking prohibited activity in a wetland.
Green Leaf Australia Pty Ltd and one of its directors were sentenced in the NSW Local Court last week after each being found guilty of twelve charges under the Water Management Act 2000.
This is the highest total fine secured by the Natural Resources Access Regulator (NRAR) through a local court prosecution since the agency was established in 2018.
The matter was brought to court by NRAR for offences that occurred in the Kempsey region between October 2016 and February 2021, including a period of very dry conditions.
Four of the charges were for using dams without approval, two charges for extending dams without approval, and six charges for constructing dams within a wetland.
The defendants will also pay $155,000 for NRAR’s legal costs, undertake remediation works and must lodge a public notice of the case's result in three north coast newspapers.
The court found that some of the offences involved removing vegetation and clearing land which caused harm to the environment, including nationally significant freshwater wetlands that are listed as endangered ecological communities.
In his sentencing remarks, Magistrate Scott Nash said the decision by the company and director to proceed with the works without approval was “reckless and motivated for financial gain.”
NRAR Director Investigation and Enforcement, Lisa Stockley, welcomed the result and said it’s important for water users to consider the impact of their actions.
“Healthy waterways including waterfront land are vital to the health of the local community and environment, which is why landholders need to get approval before they do any work,” Ms Stockley said.
“The rules around constructing dams and carrying out works on waterfront land exist to protect the quality of delicate ecosystems and ensure water is taken lawfully,” she said.
Ms Stockley said some of the offences also occurred within the Clybucca Aboriginal Area, which is a place of deep cultural significance for the Dunghutti, Gumbaynggirr and Ngambaa peoples.
“NRAR has an enduring priority to protect and prioritise Aboriginal cultural water values.”
“This is the first time we’ve had Aboriginal cultural harm assessed during the sentencing of a case.”
“The court’s order to the defendants to make a plan for identifying and protecting any Aboriginal object found during remediation works is a significant outcome for the local community.”
“The results of this case send a clear message to all water users that NRAR will take strong regulatory action against those who commit serious acts of non-compliance,” Ms Stockley said.
